The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...

This paper examines the economic regulation of international civil aviation with a view to debunking a number of myths surrounding it. The focus is on public international law understood in its classical construct. The economic regulation of international civil aviation came about in the...

In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...

Global convergence has been a central theme in competition law for more than two decades. It has provided a way of understanding where competition law is and where it is going. Until very recently, most observers have assumed it would continue to play that role. Brexit, Trump and other...

This paper looks at different elements within the negotiated text of the Trans-Pacific Partnership (TPP) Agreement that govern various aspects of the digital economy and seeks to appraise the possibility for these rules to serve as a set of generally applicable benchmarks for future trade rules...

This chapter examines the issue of coexistence of genetically modified organisms (GMOs) alongside conventional and organic crops. The central focus is on whether there is a veritable opportunity for coexistence of all three types of crops, which allows for freedom of choice by both farmers and...

The EU-Turkey Statement of 18 March 2016, widely known as “the deal” or the EU-Turkey deal, has been one of the most controversial policy steps taken by the EU in recent years. This policy brief, which also aims to serve as an amicus curiae brief, examines two interrelated aspects of the...

This article discusses the importance of European company law for intra-EU investments after the recent decision of the CJEU in Achmea. In Achmea, the CJEU examined bilateral investment treaties (BITs) concluded between EU Member States in the light of EU law. More specifically, the CJEU...

In the struggle for supremacy between two diametrically opposed systems to protect Geographical Indications (GIs), the Trans-Pacific Partnership Agreement (TPP) gives the decisive push in favour of the trademark system. This has profound implications for generic geographical names, not only for...

With the referenda on possible Scottish and Catalan independence and the electoral successes of the Flemish pro-independence movement, secession of part of a EU Member State has become a real possibility that cannot be ignored any longer. The driving forces behind the referenda seek independence...